University of Mianwali Act 2019

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^{^[1]}THE UNIVERSITY OF MIANWALI ACT 2019

ACT XXXI OF 2019

[13^th December 2019]

An Act to provide for the establishment of University of Mianwali

It is necessary in public interest to make provisions for the establishment of University of Mianwali and for the matters connected therewith and ancillary thereto.

Be it enacted by Provincial Assembly of the Punjab as follows:

CHAPTER I

PRELIMINARY

1. Short title and commencement.- (1) This Act may be cited as the University of Mianwali Act 2019.

(2) It shall come into force at once.

2. Definitions.- In the Act:

(a) "Academic Council" means the Academic Council of the University;

(b) "Act" means the University of Mianwali Act 2019;

(d) "Authority" means an Authority of the University;

(e) "Chairperson" means the head of an academic department and includes Principal of a constituent college or Director of an institute;

(f) "Chancellor" means Chancellor of the University;

(g) "Commission" means the Higher Education Commission set up under the Higher Education Commission Ordinance, 2002 (LIII of 2002);

(h) "Constituent College" means a college maintained and administered by the University;

(i) "Controller of Examinations" means Controller of Examinations of the University;

(j) "Dean" means the head of a faculty of the University;

(k) "Department" means a teaching, research and technological development department maintained and administered by the University;

(l) "Faculty" means an administrative and academic unit of the University consisting of one or more departments, institutes or constituent colleges;

(m) "Government" means Government of the Punjab;

(n) "Institute" means an institute established, maintained and administered by the University;

(o) "prescribed" means prescribed by the rules, statutes or regulations;

(p) "Pro-Chancellor" means Pro-Chancellor of the University;

(q) "Pro-Vice Chancellor" means Pro-Vice Chancellor of the University;

(r) "Punjab Higher Education Commission" means the Punjab Higher Education Commission set up under the Punjab Higher Education Commission Act 2014 (I of 2015).

(s) "Registrar" means Registrar of the University;

(t) "statutes", "regulations" and "rules" respectively mean the statutes, regulations and rules made or deemed to have been made under the Act;

(u) "student" means a student of the University;

(v) "Syndicate" means Syndicate of the University;

(w) "Teacher" includes a Professor, Associate Professor, Assistant Professor or lecturer having prescribed qualifications engaged whole time by the University for teaching diploma, degree or postgraduate classes and engaged in research and development of technologies and such other persons as may be prescribed;

(x) "University" means the University of Mianwali; and

(y) "Vice Chancellor" means Vice Chancellor of the University.

CHAPTER II

THE UNIVERSITY

3. Incorporation.- (1) As soon as may be, after coming into force of the Act, the sub-campus of University of Sargodha at Mianwali, shall, by notification in the official Gazette, reconstituted as the University of Mianwali in accordance with the provisions of the Act.

(2) The University shall be a body corporate by the name of University of Mianwali and shall have a perpetual succession and a common seal and may, by the said name, sue and be sued.

(3) The University may acquire and hold property, both moveable and immoveable, and lease, sell and otherwise transfer any property vested in it, or enter into contracts for the purposes of the Act in the prescribed manner.

(4) The University, may, with the approval of the Government, open and administer a sub-campus of the University after the expiry of ten years from the establishment of the University.

(5) All properties, rights and interests of whatever kind used, enjoyed, possessed, owned or vested in the sub-campus of University of Sargodha at Mianwali and all liability legally subsisting against the said sub-campus shall stand transferred to the university.

(6) All employees, regular or on contract basis, serving the sub-campus of University of Sargodha at Mianwali, immediately before coming into force of the Act shall be considered on deputation with the University; but they shall not be entitled to any deputation allowance and shall be liable to be transferred to their parent University or Department at any time.

(7) Subject to the procedure notified by the University, an employee, serving the sub-campus of University of Sargodha at Mianwali on deputation with the University under subsection (6), may, within three hundred and sixty five days from the date of coming into force of the Act, opt for absorption in the service of the University on such terms and conditions and in such manner as may be prescribed but such terms and conditions shall not be less favorable than those admissible to such an employee while in service of the sub-campus of University of Sargodha at Mianwali immediately before his deputation under subsection (6).

4. Functions of the University.- (1) The University shall:

(a) provide for instructions in such branches of learning as it may deem fit, and to make provisions for teaching, training, research and development of technologies and for the advancement and dissemination of knowledge in engineering and technology and such other fields of study as it may determine;

(b) prescribe courses of studies;

(c) hold examinations in the prescribed manner and, if a person qualifies the examination, award degree, diploma, certificate and other academic distinction to the person;

(d) confer, in the prescribed manner, honorary degree or other academic distinction on a person of eminence as the Chancellor may approve on the recommendation of the Syndicate;

(e) create posts in connection with teaching, research, development of technology, administration, and for any other purpose related thereto and appoint persons against those posts;

(f) institute and award financial assistance to students in need, fellowships, scholarships, bursaries, medals and prizes in the prescribed manner;

(g) establish academic departments and faculties for the development of teaching, research and technological development and make such arrangements for their maintenance, management and administration, as it may determine;

(h) control and maintain University halls of residence for students and approve any place as hostel or lodging for students;

(i) supervise and control the discipline of students;

(j) maintain order, discipline and security in a campus of the University;

(k) take disciplinary action against and impose penalty on students in the prescribed manner;

(l) charge and receive such fees and other payments as it may determine;

(m) receive and manage properties (acquired or transferred), grants, bequests, trusts, gifts, donations, endowments and other contributions, made to the University, and invest any fund representing such properties, grants, bequests, trusts, gifts, donations, endowments or contributions in such manner as it may deem fit;

(n) provide for the printing and publication of research and other works as prescribed;

(o) provide facilities for development of prototypes based on research and development and exploit technology singly or in cooperation with such ventures and in such manner as it may deem fit;

(p) provide career counseling and job search services to the students and alumni;

(q) promote extracurricular and recreational activities of the students and make arrangements for promoting health and general welfare of the students; and

(r) perform any other prescribed or ancillary function.

(2) The University may:

(a) institute programmes for the exchange of students and teachers between the University and any other university, educational institution or research organization;

(b) develop and implement fund-raising plans;

(c) accept an examination and the period of study spent by a student at any other university or place of learning equivalent to an examination or period of study of the University and may withdraw such acceptance;

(d) cooperate with a public authority, university or private organization;

(e) make provision for research, advisory or consultancy services and enter into arrangements with any other institution, public or private body, commercial or industrial enterprise in the prescribed manner;

(f) receive and manage properties transferred and grants, contributions made to the University and to invest any fund in the manner as it may deem fit;

(g) print and publish research or any other work; and

(h) exercise any power ancillary to the above powers or as may be prescribed.

5. Jurisdiction of the University.- The jurisdiction of the University shall extend to Province of the Punjab.

6. University to be open to all classes and creeds.- The University shall be open to all persons irrespective of gender, religion, race, creed, class or colour and no person shall be denied the privileges of the University on any such ground.

7. Fee and other charges.- The University may prescribe and, from time to time, increase fee and other charges with the approval of the Syndicate.

8. Teaching in the University.- (1) All recognized teaching in various courses in the University, constituent colleges and affiliated colleges shall be conducted in the prescribed manner, and it may include lectures, tutorials, discussions, seminars, demonstrations as well as practical work in laboratories and workshops and other methods of instruction.

(2) The teaching of any prescribed course in the University, constituent colleges or affiliated colleges shall be organized by such Authority as may be prescribed.

(3) The courses and curricula for teaching in the University, constituent colleges or affiliated colleges shall be such as may be prescribed.

(4) A discipline to be called Islamic and Pakistan Studies shall be offered, as a compulsory subject at the Bachelor's level, in the University, constituent and affiliated colleges but the non-Muslim students may opt for Ethics and Pakistan Studies.

(5) A degree, diploma or certificate at the University shall be granted to a student who fulfills the prescribed requirements for that degree, diploma or certificate.

(6) A continuous evaluation shall be built into the system of studies.

CHAPTER III

OFFICERS OF THE UNIVERSITY

9. Officers of the University.- The following shall be the officers of the University:

(a) Chancellor;

(b) Pro-Chancellor;

(d) Pro-Vice Chancellor;

(e) Deans;

(f) Chairpersons;

(g) Teachers;

(h) Registrar;

(i) Treasurer;

(j) Controller of Examinations;

(k) Resident Auditor;

(l) Librarian; and

(m) such other persons as may be prescribed.

10. Chancellor.- (1) Governor of the Punjab shall be the Chancellor of the University.

(2) The University may, subject to prior approval of the Chancellor, confer an honorary degree on a person of eminence.

(3) The Chancellor or his nominee shall preside at the convocation of the University.

(4) The Chancellor, may, after affording an opportunity of being heard, remove any person from the membership of an Authority if such person:

(a) has become of unsound mind; or

(b) has been subjected to any incapacity which prevents him from functioning as a member of such Authority; or

(d) does not attend five consecutive meetings of the Authority, without intimation to the Vice Chancellor; or

(e) has accepted any assignment which involves his absence from the country for a continuous period of more than six months, without intimation to the Vice Chancellor.

(5) Subject to the Act, the Chancellor may approve the draft statutes submitted by the Syndicate or refer the statutes back to the Syndicate for reconsideration.

(6) In the performance of his functions under the Act, the Chancellor shall act and shall be bound in the same manner as the Governor of a Province acts and is bound under Article 105 of the Constitution of the Islamic Republic of Pakistan.

11. Inspection and inquiry.- (1) The Chancellor may direct inspection or inquiry into the affairs of the University.

(2) The Chancellor shall convey the views with regard to the result of the inspection or inquiry to the Syndicate and may, after ascertaining the views of the Syndicate, direct any remedial action to the Syndicate.

(3) The Syndicate shall, within the time specified by the Chancellor, submit compliance report to the Chancellor about the action taken on the direction of the Chancellor.

(4) If the Syndicate fails to take action to the satisfaction of the Chancellor within the specified time, the Chancellor may issue such direction as the Chancellor deems appropriate and the Syndicate shall comply with the direction.

(5) The Chancellor may set aside a decision or action of the Syndicate, which, in the opinion of the Chancellor, is against the law, interest of academic excellence of the University, religious or cultural ideology, or national integrity.

12. Revisional powers of the Chancellor.- The Chancellor may, on his own motion or otherwise, call for and examine the record of any proceedings in which an order has been passed by any Authority for purposes of satisfying himself as to the correctness, legality or propriety of any finding or order and may pass such orders as he may deem fit but no order shall be so passed unless the person likely to be affected thereby is afforded an opportunity of being heard.

13. Pro-Chancellor.- (1) Minister for Higher Education of the Government shall be the Pro-Chancellor of the University.

(2) The Pro-Chancellor shall perform functions under the Act and exercise such powers of the Chancellor as may be prescribed or assigned to him by the Chancellor, except the powers under sections 11 and 12 of the Act.

14. Vice Chancellor.- (1) A person who is eligible and who is not more than sixty five years of age on the last date fixed for submission of applications for the post of the Vice Chancellor may apply for the post.

(2) The Government shall determine, by notification in the official Gazette, the qualification, experience and other relevant requirements for the post of the Vice Chancellor.

(3) The Government shall constitute, for a term of two years, a Search Committee consisting of not less than three and not more than five members for making recommendations for appointment of the Vice Chancellor.

(4) The Search Committee shall follow such procedure and criteria, for selection of the panel for the post of the Vice Chancellor, as the Government may, by notification, determine.

(5) The Search Committee shall recommend to the Government, in the order of merit, a panel of three persons who, in its opinion, are suitable for appointment as the Vice Chancellor.

(6) The Chancellor shall appoint the Vice Chancellor for each term of four years but he shall serve during the pleasure of the Chancellor.

(7) The Government shall determine the terms and conditions of service of the Vice Chancellor.

(8) The incumbent Vice Chancellor shall not be allowed any extension in his tenure but, subject to eligibility, he may again compete for the post of the Vice Chancellor in accordance with the procedure prescribed under this section.

(9) If the office of the Vice Chancellor is vacant or the Vice Chancellor is absent or is unable to perform the functions of the Vice Chancellor owing to any cause, the Pro-Vice Chancellor shall perform the functions of the Vice Chancellor but, if at any time, the office of Pro-Vice Chancellor is also vacant or the Pro-Vice Chancellor is absent or is unable to perform the functions of the Vice Chancellor owing to any cause, the Chancellor shall make such temporary arrangements for the performance of the duties of the Vice Chancellor as he may deem fit. But the period of such temporary arrangement shall not exceed six months.

(10) The Pro-Vice Chancellor or any other person acting as Vice Chancellor under subsection (9) shall not, in any case, perform the functions of the Vice Chancellor for a period of more than six months and the Chancellor shall, within such period, ensure appointment of the Vice Chancellor under this section.

15. Powers of the Vice Chancellor.- (1) The Vice Chancellor shall be the chief executive and academic officer of the University and shall ensure that the provisions of the Act, statutes, regulations and rules are faithfully observed in order to promote teaching, research, technology development, publications, administration and the general efficiency and good order of the University.

(2) The Vice Chancellor shall preside over the meetings of the Authorities of which he is the Chairman and be entitled to attend and preside over any meeting of any other Authority or body of the University.

(3) Subject to such conditions as may be prescribed, the Vice Chancellor may, in an emergency, take an action which is not otherwise in the competence of the Vice Chancellor but is in the competence of any other Authority.

(4) The Vice Chancellor shall, within seven days of taking an action under subsection (3), submit a report to the members of the Syndicate; and, the Syndicate shall, within forty five days of the action of the Vice Chancellor, pass such orders as it may deem appropriate.

(5) Subject to the general supervision and control of the Syndicate, the Vice Chancellor may:

(a) direct a teacher, officer or other employee of the University to take up such assignment in connection with examination, administration or any other activity in relation to the University;

(b) sanction by re-appropriation an amount for an unforeseen item not provided for in the budget of the University;

(d) take disciplinary action against a teacher, officer or any other employee of the University in the prescribed manner;

(e) delegate, subject to such conditions as may be prescribed, any of his powers to a teacher or officer of the University; and

(f) exercise such other powers as may be prescribed or as may be assigned by the Syndicate.

(6) The Vice Chancellor shall prepare an annual report containing information as regards the preceding academic year including disclosure of all relevant facts pertaining to academics, research, administration and finances of the University.

(7) The Vice Chancellor shall, within three months of the conclusion of an academic year, submit the annual report of the University to the Syndicate.

16. Pro-Vice Chancellor.- (1) The Chancellor shall nominate the Pro-Vice Chancellor of the University, from amongst three senior most Professors of the University, for a term of three years.

(2) A Pro-Vice Chancellor shall perform such functions as may be assigned to him under the Act, statutes, regulations or rules.

(3) The Syndicate or the Vice Chancellor may assign any other functions to the Pro-Vice Chancellor in addition to his duties as Professor.

17. Registrar.- (1) The Registrar shall be a whole time officer of the University and shall be the administrative head of the University and be responsible for the provision of the secretarial support to the Syndicate and the Vice Chancellor.

(2) The Chancellor shall not appoint a person as Registrar unless he possesses the prescribed qualifications and experience and other requirements, if any.

(3) The Syndicate shall recommend to the Government, in alphabetical order, a panel of three persons short listed through a competitive process for appointment as Registrar.

(4) The Registrar shall hold office for each term of three years.

(5) The Registrar, under the general supervision of the Vice Chancellor, shall:

(a) be the custodian of the Common Seal and the academic records of the University;

(b) maintain a register of the students and Registered Graduates in the prescribed manner;

(d) be the Secretary of the Syndicate, the Academic Council, the Advanced Studies and Research Board, the Selection Board and such other Committees as may be prescribed; and

(e) perform such other duties as may be prescribed or as the Vice Chancellor or the Syndicate may assign.

(6) When the office of the Registrar is vacant or the Registrar is absent or unable to perform his functions owing to any cause, the Chancellor shall make temporary arrangements for the performance of duties of the Registrar but the period of such temporary arrangements shall not exceed six months, and the Registrar shall be appointed during that period.

18. Treasurer.- (1) The Treasurer shall be a whole time officer of the University.

(2) The Chancellor shall appoint a Treasurer for each term of three years in such manner and on such terms and conditions as may be prescribed.

(3) The Chancellor shall not appoint a person as Treasurer unless he possesses the prescribed qualifications and experience and other requirements, if any.

(4) The Syndicate shall recommend to the Government, in alphabetical order, a panel of three persons short listed through a competitive process for appointment as Treasurer.

(5) The Treasurer shall be the chief financial officer of the University and shall:

(a) manage the assets, liabilities, receipts, expenditures, funds and investments of the University;

(b) prepare the annual and revised budget estimates of the University and present the estimates to the Syndicate;

(d) ensure that the accounts of the University are audited annually and are available for submission to the Syndicate within six months of the end of a financial year; and

(e) perform such other functions as may be prescribed or assigned to him by the Syndicate.

(6) The Treasurer shall be the Secretary of the Finance and Planning Committee.

(7) When the office of the Treasurer is vacant or the Treasurer is absent or unable to perform his functions owing to any cause, the Chancellor shall make temporary arrangements for the performance of duties of the Treasurer but the period of such temporary arrangements shall not exceed six months, and the Treasurer shall be appointed during that period.

19. Controller of Examinations.- (1) The Controller of Examinations shall be a whole time officer of the University.

(2) No person shall be appointed as Controller of Examinations unless he possesses the prescribed qualifications, experience and other requirements, if any.

(3) The Syndicate shall recommend to the Government, in alphabetical order, a panel of three persons short listed through a competitive process for appointment as Controller of Examinations.

(4) The Chancellor shall appoint a Controller of Examinations for each term of three years in such manner and on such terms and conditions as may be prescribed.

(5) The Controller of Examinations shall be responsible for all matters connected with the conduct of examinations and perform such other duties as may be prescribed.

(6) When the office of the Controller of Examinations is vacant or the Controller of Examinations is absent or unable to perform his functions owing to any cause, the Chancellor shall make temporary arrangements for the performance of duties of the Controller of Examinations but the period of such temporary arrangements shall not exceed six months, and the Controller of Examinations shall be appointed during that period.

20. Resident Auditor.- (1) The Syndicate shall appoint, on deputation, a Resident Auditor of the University from amongst the panel recommended by the Government.

(2) The University shall request the Government to send a panel of three Government officers qualified to be appointed as Resident Auditor of the University.

(3) The Resident Auditor shall hold office for each term of three years.

(4) The Resident Auditor shall perform such functions as are prescribed or as the Syndicate may assign.

21. Other officers.- Subject to the provisions of the Act, the terms and conditions of service, powers and duties of other officers of the University shall be such as may be prescribed.

CHAPTER IV

AUTHORITIES OF THE UNIVERSITY

22. Authorities of the University.- (1) The following shall be the Authorities of the University:

(a) Syndicate;

(b) Academic Council;

(d) Boards of Studies;

(e) Selection Board;

(f) Board of Advanced Studies, Research;

(g) Finance and Planning Committee;

(h) Affiliation Committee;

(i) Discipline Committee; and

(j) such other Authorities as may be prescribed under the statutes.

(2) The Syndicate may constitute Committees consisting of the members of the Syndicate only or it may create Committees consisting of members of the Syndicate or Teachers or Officers of the University or a combination of all or any of such persons.

23. Syndicate.- (1) The Syndicate shall consist of:

(a) Pro-Chancellor who shall be its Chairperson;

(b) Vice Chancellor;

(d) three members of Provincial Assembly of the Punjab including at least one woman member to be nominated by the Speaker of the Assembly;

(e) Secretary to the Government, Higher Education Department or his nominee not below the rank of Additional Secretary;

(f) Secretary to the Government, Finance Department or his nominee not below the rank of Additional Secretary;

(g) Secretary to the Government, Law and Parliamentary Affairs Department or his nominee not below the rank of Additional Secretary;

(h) one principal of an affiliated college to be nominated by the Chancellor;

(i) Chairperson of the Commission or his nominee not below the rank of a whole-time member of the Commission;

(j) Chairperson of the Punjab Higher Education Commission or his nominee not below the rank of a whole-time member of the Commission;

(k) one Vice Chancellor of any university in the public sector in the Punjab to be nominated by the Chancellor;

(l) five persons of eminence, including at least two women, to be nominated by the Chancellor; and

(m) two Deans to be nominated by the Chancellor.

(2) The Registrar shall be the Secretary of the Syndicate.

(3) The members of the Syndicate, other than ex-officio members shall be appointed for a period of three years but they shall serve during the pleasure of the Chancellor.

(4) The quorum for a meeting of the Syndicate shall be one half of the total number of members, a fraction being counted as one.

(5) The Pro-Chancellor may nominate any member of the Syndicate to preside over a meeting of the Syndicate in absence of the Pro-Chancellor.

(6) The Syndicate shall take decisions by majority of the votes of members present and voting and the Registrar shall clearly reflect in the minutes of the meeting the dissent, if any, along with the reasons of such dissent.

24. Powers and duties of the Syndicate.- (1) The Syndicate shall be the executive body of the University and shall, subject to the provisions of the Act and the statutes, take effective measures to raise the standard of teaching, research, technological development, publication and other academic pursuits and exercise general supervision over the affairs of the University and management of the property of the University.

(2) Without prejudice to the generality of the foregoing powers and subject to the provisions of the Act, the Syndicate may:

(a) hold, control and administer the properties and funds of the University;

(b) govern and regulate, with due regard to the advice of the Finance and Planning Committee, the finances, accounts and investments of the University and for that purpose, to appoint such agents as it may deem fit;

(c) consider and approve the annual report, the annual and revised budget estimates and to re-appropriate funds from one major head of expenditure to another;

(d) transfer and accept transfer of movable or immovable property on behalf of the University;

(e) enter into, vary, carry out or cancel contracts on behalf of the University;

(f) cause proper books of account to be kept for all sums of money received and expended by the University and for the assets and liabilities of the University;

(g) invest any money belonging to the University including any unapplied income in any of the securities described in section 20 of the Trusts Act 1882 (II of 1882), or in the purchase of immovable property or in such other manner, as it may determine, with the like power of varying such investments;

(h) receive and manage any property transferred, grants, bequests, trusts, gifts, donations, endowments and other contributions made to the University;

(i) determine the form, custody and regulation of the use of the common seal of the University;

(j) provide buildings, libraries, premises, furniture, apparatus, equipment and other means required for carrying out the work of the University;

(k) establish and maintain halls of residence and hostels or approve or license hostels or lodgings for the residence of students;

(l) affiliate or disaffiliate colleges and institutes;

(m) admit educational institutions to the privileges of the University and withdraw such privileges;

(n) arrange for the inspection of the academic departments;

(o) institute Professorships, Associate Professorships, Assistant Professorships, Lecturerships and other posts and to suspend or abolish such posts;

(p) create, suspend or abolish such administrative, technical, research, extension or other posts as may be necessary;

(q) appoint University teachers and other officers on the recommendation of the Selection Board for teaching and other managerial posts;

(r) confer, with prior approval of the Chancellor, an honorary degree on a person of eminence;

(s) prescribe the duties of the officers, teachers and other employees of the University and of those working in the University on deputation or on contract;

(t) appoint members to the various Authorities, committees and bodies in the prescribed manner;

(u) remove any person from the membership of any Authority if such person has accepted any assignment which involves absence from the University for a continuous period of six months or more;

(v) regulate, determine and administer, all other matters concerning the University and to this end exercise all necessary powers not specifically mentioned in the Act and statutes but not inconsistent with the provisions of the Act;

(w) appoint Professor Emeritus on such terms and conditions as may be prescribed;

(x) suspend, punish and remove from service in the prescribed manner officers, teachers and employees whom it is empowered to appoint;

(y) consider and approve regulations recommended by the Academic Council;

(z) approve statutes and recommend those drafts of the statutes for approval of the Chancellor, which pertain to terms and conditions of service of the University employees; and

(aa) perform such other functions as may be assigned to it under the Act and the statutes.

(3) The Syndicate may delegate any of its functions to an Authority or officer or a committee or sub-committee except the following functions:

(a) approval of statutes or recommendation of the drafts of the statutes to the Chancellor;

(b) approval of regulations;

(c) approval of annual budget of the University, annual report, the annual and revised budget estimates and re-appropriation of funds from one major head of expenditure to another;

(d) approval of investment or purchase of immovable property by the University; and

(e) transfer of immovable property of the University.

25. Academic Council.- (1) The Academic Council shall consist of:

(a) Vice Chancellor (Chairperson);

(b) Pro-Vice Chancellor;

(d) Director, of Advanced Studies and Research;

(e) two senior most Professors, other than ex-officio members, from each academic department;

(f) all Professors Emeritus;

(g) chairpersons of the academic departments;

(h) four University teachers, other than Professors, two from each category of Associate professors and Assistant Professors, to be appointed by the Syndicate;

(i) three persons eminent in sciences, social science and Arts, of whom one shall be from each category and shall include at least one woman from any of the categories, to be nominated by the Chancellor in consultation with the Vice-Chancellor;

(j) Secretary to Government, Higher Education Department or his nominee not below the rank of Deputy Secretary;

(k) Director Public Instruction (Colleges) of the Government;

(l) Librarian of the University;

(m) Controller of Examinations;

(n) five experts in the field of education to be nominated by the Chancellor; and

(o) Registrar (Member/Secretary).

(2) A member of the Academic Council appointed by nomination shall hold office for a period of three years.

(3) The quorum for a meeting of the Academic Council shall be one-third of the total number of members, a fraction being counted as one.

26. Powers and duties of the Academic Council.- (1) The Academic Council shall be the academic body of the University and may lay down proper standards of instruction, research, publication and examination and to regulate and promote the academic life of the University and affiliated colleges.

(2) In particular and without prejudice to the generality of the foregoing provision, the Academic Council may:

(i) advise the Syndicate on academic matters;

(ii) regulate teaching, research and examinations;

(iii) regulate the admission of students to the courses of studies and examinations of the University and affiliated colleges;

(iv) regulate the award of studentships, scholarships, medals and prizes;

(v) regulate the conduct and discipline of students of the University and affiliated colleges;

(vi) propose to the Syndicate schemes for the constitution and organization of faculties, institutes and other academic bodies;

(vii) propose regulations on the recommendations of the Boards of Faculties and the Boards of Studies for consideration and approval of the Syndicate;

(viii) propose for each academic year, on the recommendations of the Boards of Studies, regulations prescribing the courses of studies, the syllabi and the outlines of tests for all examinations; provided that, if the recommendations of a Board of Faculties or the Board of Studies are not received by the prescribed date, the Academic Council may, subject to the approval of the Syndicate, permit such regulations to continue for the following years;

(ix) recognize the examinations of other Universities or examining bodies as equivalent to the corresponding examinations of the University;

(x) appoint members to the Authorities in accordance with the provisions of the Act; and

(xi) perform such other functions as may be prescribed by the statutes or assigned by the Syndicate.

27. Board of Faculty.- (1) There shall be a Board of Faculty for each faculty which shall consist of:

(a) Dean of the faculty (Chairperson);

(b) Professors and the chairpersons in the faculty;

(c) two teachers to be nominated by the Academic Council on the basis of their specialized knowledge of the subjects which, though not assigned to the faculty, have in the opinion of the Academic Council, important bearing on the subjects assigned to the faculty;

(d) two experts in the field from outside the University to be appointed by the Syndicate; and

(e) one member to be nominated by the Vice Chancellor.

(2) The members other than ex-officio members of a Board of faculty shall hold office for a period of three years.

(3) The quorum for a meeting of a Board of faculty shall be one half of the total number of members, a fraction being counted as one.

(4) A Board of faculty, subject to the general control of the Syndicate and Academic Council, may:

(a) co-ordinate the teaching and research work in the subjects assigned to the faculty;

(b) scrutinize the recommendations of a Board of Studies comprising a faculty with regard to the appointment of paper setters and examiners for graduate and postgraduate examinations and to forward the panels of suitable paper setters and examiners for each examination to the Vice Chancellor;

(d) prepare a comprehensive annual report regarding the performance of each department, constituent college or Institute comprising the faculty for presentation to the Academic Council; and

(e) perform such other functions as may be prescribed by statutes.

28. Dean.- (1) There shall be a Dean of each Faculty and the Dean shall be the Chairperson and Convener of the Board of Faculty.

(2) The Chancellor shall appoint the Dean of a Faculty from amongst the three senior most Professors in the Faculty for a period of three years and he shall be eligible for re-appointment: provided that if no Professor is available in a Faculty, a Professor from some other Faculty may act as Dean till a Professor of the Faculty itself is appointed.

(3) The Dean shall present candidates for admission to degrees, except an honorary degree, in the courses falling within the purview of the Faculty.

(4) The Dean shall exercise such administrative and academic powers as may be delegated to him.

29. Teaching Departments and Chairpersons.- (1) There shall be a teaching department or an institute for each subject or a group of subjects, as may be prescribed by the Regulations and each teaching department or an institute shall be headed by the Chairperson.

(2) The Chairperson of a teaching department or an Institute shall be appointed by the Syndicate on the recommendation of the Vice-Chancellor from amongst the three senior most Professors of the department or, as the case may be, the institute for a period of three years and shall be eligible for re-appointment but if, in a Department or Institute, three Professors are not available, the appointment shall be made from amongst the three senior most Professors and Associate Professors of the Department or Institute: provided that in a Department or an Institute, where there is no Professor or Associate Professor, no such appointment shall be made and the department or institute shall be looked after by the Dean of the Faculty with the assistance of the senior most teacher of the department or institute.

(3) The Chairperson shall plan, organize and supervise the work of the department or institute and shall be responsible to the Dean for the work of his department or institute.

30. Board of Advanced Studies and Research.- (1) The Board of Advanced Studies and Research shall consist of:

(a) Vice Chancellor (Chairperson);

(b) all the Deans;

(d) one University Professor from each faculty to be nominated by the Syndicate;

(e) one member to be nominated by the Vice Chancellor;

(f) three members, including at least one woman, from the relevant field, research organizations and Government, to be nominated by the Syndicate; and

(g) Registrar (Secretary).

(2) The term of office of the members of the Board of Advanced Studies and Research, other than ex-officio members, shall be three years.

(3) The quorum for a meeting of the Board of Advanced Studies and Research shall be one half of the total number of members, a fraction being counted as one.

31. Functions of the Board of Advanced Studies and Research.- The Board of Advanced Studies and Research shall:

(a) advise an Authority on all matters connected with the promotion of advanced studies and research publication in the University;

(b) consider and report to an Authority with regard to a research degree of the University;

(d) appoint supervisors for a postgraduate research student and to approve title and synopsis of a thesis or dissertation;

(e) recommend panels of names of examiners for evaluation of a research examination; and

(f) perform such other functions as may be prescribed by the statutes.

32. Board of Studies.- (1) There shall be a separate Board of Studies for each subject or group of subjects as may be prescribed by Regulations.

(2) A Board of Studies shall consist of:

(a) all the teachers of the department concerned;

(b) experts or teachers, not less than three but not more than five, other than University teachers, to be determined and appointed by the Syndicate according to the need of each Board; and

(c) not more than five teachers of the affiliated colleges teaching graduate and post-graduate courses in that subject to be nominated by the Academic Council.

(3) The term of office of members of a Board of Studies other than ex officio members shall be three years.

(4) The quorum for meeting of the Board of Studies shall be one-half the number of members, a fraction being counted as one.

(5) The Chairperson of the concerned Department or institute shall be the Chairperson of the Board of Studies.

33. Functions of Board of Studies.- A Board of Studies shall:

(a) advise the Authorities on all academic matters connected with instruction, publication, research and examination in the subject or subjects concerned;

(b) propose curricula and syllabi for all degree, diploma and certificate courses in the subject or subjects concerned;

(d) perform such other functions as may be prescribed by the Regulations.

34. Selection Board.- (1) The Selection Board shall consist of:

(a) Vice Chancellor (Chairperson);

(b) Representative of the Higher Education Department not below the rank of Deputy Secretary;

(d) chairperson concerned;

(e) one member of the Syndicate to be nominated by the Syndicate;

(f) one eminent scholar to be nominated by the Syndicate;

(g) two experts to be nominated by the Government; and

(h) Registrar (Secretary).

(2) The members, other than ex-officio members, shall hold office for a period of three years.

(3) Five members including at least one expert shall constitute the quorum for a meeting of the Selection Board.

(4) No member who is a candidate or whose family member is a candidate, for a post to which appointment is to be made, shall take part in the proceedings of the Selection Board for selection of a candidate on such post.

(5) In selection of candidates for the post of Professor or Associate Professor, the Selection Board shall co-opt or consult three experts in the subject and in selecting candidates for any other teaching post, two experts in the subject, to be nominated by the Vice Chancellor from a standing list of experts for each subject approved by the Syndicate.

(6) The Syndicate may approve or revise the standing list of experts of a subject on the recommendation of the Selection Board.

35. Functions of the Selection Board.- The Selection Board shall:

(a) consider the applications and recommend to the Syndicate, the names of suitable candidates for appointment to teaching and other posts and recommend suitable salary for the selected candidates; and

(b) consider all cases of promotion or selection of officers of the University and recommend the names of suitable candidates for such promotion or selection to the Syndicate.

36. Finance and Planning Committee.- (1) The Finance and Planning Committee shall consist of:

(a) Vice Chancellor (Chairperson);

(b) all the Deans;

(d) one member of the Academic Council to be nominated by the Academic Council;

(e) one representative each from Higher Education Department and Finance Department of the Government not below the rank of a Deputy Secretary;

(f) Director Planning or any other nominee of the Commission;

(g) Registrar; and

(h) Treasurer (Secretary).

(2) The term of office of the nominated members shall be three years.

(3) Six members of the Finance and Planning Committee shall constitute the quorum for a meeting of the Finance and Planning Committee.

37. Functions of the Finance and Planning Committee.- The Finance and Planning Committee shall:

(a) prepare the annual statement of accounts and propose annual budget estimates and make recommendations to the Syndicate;

(b) review periodically the financial position of the University;

(d) perform such other functions as may be prescribed by the statutes.

38. Affiliation Committee.- (1) The Affiliation Committee shall consist of:

(a) the Chairperson to be nominated by the Syndicate;

(b) two Professors to be nominated by the Academic Council;

(d) a representative of the Higher Education Department not below the rank of Deputy Secretary.

(2) The term of office of the members of the Committee, other than ex officio members, shall be two years.

(3) The Affiliation Committee may co-opt not more than three experts who shall be counted for the quorum or an inspection by the Affiliation Committee.

(4) The quorum for a meeting of, or an inspection by, the Affiliation Committee shall be three.

(5) The Deputy Registrar dealing with the affiliation cases, or such other person as may be designated by the Vice-Chancellor for this purpose, shall act as Secretary of the Committee.

39. Functions of the Affiliation Committee.- The Affiliation Committee shall:

(a) inspect the educational institution seeking affiliation with, or admission to, the privileges of the University and to advise the Syndicate thereon;

(b) inquire into complaints alleging breach of conditions of affiliation by the affiliated colleges and to advise the Syndicate thereon; and

40. Discipline Committee.- (1) The Discipline Committee shall consist of:

(a) the Chairperson to be nominated by the Vice-Chancellor;

(b) two Professors to be nominated by the Academic Council;

(d) the teacher or officer-in-charge of students' affairs, by whatever name called (Member/Secretary).

(2) The term of office of the members of the Committee, other than ex officio members, shall be two years.

(3) The quorum for a meeting of Discipline Committee shall be four members.

41. Functions of the Disciplines Committee.- The Discipline Committee shall:

(a) propose Regulations to the Academic Council relating to the conduct of University students, maintenance of discipline and breach of discipline; and

(b) perform such other functions as may be prescribed by Statutes.

42. Appointment of Committees by Authorities.- Any Authority may constitute such standing, special or advisory committees as it may deem fit, and may appoint on such committees such persons as are not its members.

CHAPTER V

STATUTES, REGULATIONS AND RULES

43. Statutes.- (1) Subject to the provisions of the Act, the Syndicate may make statutes to provide or regulate all or any of the following matters:

(a) scales of pay, method of recruitment and other terms and conditions of service of officers, teachers and other employees of the University and the constitution of their pension, insurance, gratuity, provident fund and benevolent fund;

(b) conduct and discipline of the officers, teachers and other employees of the University;

(d) affiliation and disaffiliation of colleges, institutes, etc. and related matters;

(e) admission of educational institutions to the privileges of the University and the withdrawal of such privileges;

(f) establishment of institutes, faculties, colleges, departments and academic divisions;

(g) powers and duties of officers, teachers and employees of the University;

(h) conditions for appointment of Professors Emeritus;

(i) conditions on which the University may enter into arrangements with public bodies or other organizations for purposes of research and advisory services;

(j) general scheme of studies including the duration of courses, the system of examinations and the number of subjects and papers for examinations;

(k) award of honorary degrees;

(l) maintenance of register of students and registered graduates;

(m) conduct of elections for membership of Authorities of the University and related matters; and

(n) all other matters which are to be prescribed or regulated by the statutes.

(2) The Syndicate shall propose the draft of Statutes under clause (a) of subsection (1) to the Chancellor who may approve it with or without any modification or may refer it back to the Syndicate for reconsideration or may reject it:

provided that:

(a) the Statutes affecting the constitution or powers of any Authority shall not be proposed or approved until such Authority has been given an opportunity of expressing its opinion in writing on the proposal; and

(b) the Statutes under clause (a) of subsection (1) shall not be effective until they have been approved by the Chancellor.

44. Regulations .- (1) Subject to the provisions of the Act and the statutes, regulations may be framed for any of the following matters:

(a) courses of study for degrees, diplomas and certificates of the University;

(b) manner in which the recognized teaching referred to in subsection (1) of section 4 shall be organized and conducted;

(d) conditions under which students shall be admitted to the courses and examinations of the University and shall become eligible for the award of degrees, diplomas and certificates;

(e) conduct of examinations;

(f) fees and other charges to be paid by the students for admission to the courses of study and the examinations of the University;

(g) conduct and discipline of students;

(h) conditions of residence of the students including the levying of fee for residence in halls of residence and hostels;

(i) approval and licensing of hostels and lodgings;

(j) conditions under which a person should conduct research to entitle him to a degree;

(k) institution of fellowships, scholarships, exhibitions, medals and prizes;

(l) institution of stipends and free and half-free studentship;

(m) academic costumes;

(n) use of the library; and

(o) establishment of academic departments.

(2) The Academic Council shall prepare and submit the regulations to the Syndicate and the Syndicate may approve them with or without modifications or refer them back to the Academic Council for reconsideration or reject them.

45. Rules.- (1) An Authority or a body of the University may make rules consistent with the Act, statutes and regulations, to regulate the conduct of its business.

(2) The Syndicate may direct any Authority or body of the University to amend or repeal any rules made by the Authority or body.

CHAPTER VI

UNIVERSITY FUND

46. University Fund.- (1) The University shall have a fund to which shall be credited its income from fees, donations, trusts, bequests, endowments, contributions, grants and all other sources.

(2) The University may accept donations in the shape of land, vehicles, equipment or any other items that may facilitate the functioning of the University and all such donations shall be used, maintained and disposed of by the University in the prescribed manner.

47. Budget, Audit and accounts.- (1) The accounts of the University shall be maintained in such form and in such manner as may be prescribed.

(2) No expenditure shall be made from the University Fund unless a bill for payment has in the prescribed manner, been audited by the Resident Auditor in conformity with the Statutes, Regulations and Rules.

(3) The accounts of the University shall be audited in the prescribed manner once in a year by an auditor appointed by the Government in this behalf.

(4) The Syndicate may delegate the power of appropriation or re-appropriation of funds to an officer of the University.

(5) The annual statement of accounts of the University signed by the Treasurer and the Resident Auditor shall be submitted to the Government within six months of the closing of the financial year.

(6) The accounts of the University together with audit objections, if any, and the observations of the Resident Auditor and the Treasurer shall, in the prescribed manner, be presented to the Syndicate with the remarks of the Finance and Planning Committee.

CHAPTER VII

MISCELLANEOUS

48. Appeal.- (1) Subject to subsection (2) and subsection (3), where an order is made punishing any officer, other than the Vice-Chancellor, teacher or other employee of the University, or altering or interpreting to his disadvantage the prescribed terms and conditions of his service, he shall, where the order is made by the Vice-Chancellor or any other officer or teacher of the University, have the right to appeal to the Syndicate, against such order, and where the order is made by the Syndicate, have the right to appeal to the Chancellor for review of that order, within thirty days of the receipt of the order.

(2) An appeal to the Chancellor under subsection (1) shall be submitted to the Vice-Chancellor and he shall present it to the Chancellor with his comments.

(3) An order under this section shall not be passed unless the person to be affected thereby is afforded an opportunity of being heard.

49. Tripartite mobility.- (1) Any officer, teacher of the Government or employee of the University, on the recommendation of the Syndicate, may be directed to serve in any post in the University under the Government or in an educational research institution.

(2) The Government may, in consultation with the Selection Board, place the services of an employee of the Government or of any other university or of an educational or research institution at the disposal of the University in the public interest.

(3) The terms and conditions offered to a person appointed under this section shall not be less favorable than those enjoyed by him immediately before his services are placed at the disposal of the University, Government or any other institution and full benefit of his previous service shall continue to remain in force until altered in accordance with law.

50. Transition.- A Chancellor's Committee shall be constituted by the Chancellor on the recommendations of the Government to exercise the powers assigned to the Syndicate under the Act till such time the Syndicate is constituted in accordance with the provisions of the Act.

51. Removal of difficulties.- If any difficulty arises in giving effect to any of the provisions of the Act, the Government may give such directions, not inconsistent with the Act, as it may consider necessary for the removal of such difficulty.

52. Indemnity.- No suit or legal proceedings shall lie against the Government, the University or any Authority, officer or employee of the Government or the University or any person in respect of anything which is done in good faith under the Act.

53. Savings.- Notwithstanding anything contained in the Act, an examination conducted or any act done by the administration of the proposed University prior to the coming into force of the Act, shall be deemed to be the examination conducted or act done by the University under the Act and the University may award degree, diploma or certificate on the basis of such examination.

54. Repeal.- The University of Mianwali Ordinance 2019 (X of 2019) is hereby repealed.

[1]This Act was passed by the Punjab Assembly on 25 November 2019; assented to by the Governor of the Punjab on 10 December 2019; and was published in the Punjab Gazette (Extraordinary), dated 13 December 2019, pages 2609-26.

Pakistan (Punjab) Legislation

University of Mianwali Act 2019